36C26026Q0215.docx

Combined Synopsis/Solicitation

GENERAL INFORMATION

Network Contracting Office 20 1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

POINT OF CONTACT*

Contracting Specialist Hector D. Gonzalez hector.gonzalez1@va.gov

PLACE OF PERFORMANCE

Seattle VA Healthcare System

1660 South Columbian Way

Seattle WA

COUNTRY

ADDITIONAL INFORMATION

36C26026Q0215

This is a combined synopsis/solicitation for commercial products prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.2, “Streamlined Procedures for Evaluation and Solicitation for Commercial Products,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This is a Request for Quote (RFQ), and the solicitation number is 36C26026Q0215. The Government anticipates awarding a firm-fixed price service order from this solicitation.

This is a solicitation for the purchase of Antimicrobial microtiter broth MIC (Minimum Inhibitory Concentration) assays. This is to be a five year Indefinite Delivery Indefinite Quantity Contract where items will be purchased through Delivery Orders on a yearly basis. The solicitation documents and incorporated provisions and clauses are those in effect through FAC 2025-06, (eff. 10/01/2025), FAR Deviation Nov 2025 (eff. 11/05/2025), VAAR Deviation (eff. 04/01/2025), VAAM Alert 26-01 (eff. 10/01/2025) and Acquisition Policy Flash 26-16 (eff. 11/05/2025).

The associated North American Industrial Classification System (NAICS) code for this procurement is 325413 In-Vitro Diagnostic Substance Manufacturing, with a small business size of 1,250 employees, and the PSC is 6550, In Vitro Diagnostic Substances, Reagents, Test Kits and Sets.

The Department of Veterans Affairs, Veterans Healthcare Administration, Regional Procurement Office West, Network Contracting Office 20, on behalf of the Puget Sound (Seattle) Healthcare System, is seeking the following Supplies in compliance with the below Statement of Work.

PAGE 3 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

12-11-2025 Hector Gonzalez 360-553-7632 12-15-2025 17:00

PDT

36C260 Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd

X

325413 1250 Employees

Net 30 Days

N/A

36C663 Department of Veterans Affairs Seattle VA PSHCS

1660 South Columbian Way Seattle WA 98108-1532 36C260 Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd

Dept of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO BOX 149971

Austin TX 78714-9971

See CONTINUATION Page

a. Location: Seattle VA Medical Center.

b. Indefinite Delivery Indefinite Quantity solicitation for antimicrobial laboratory tests reagents and consumables.

c. This is to be a five year IDIQ with ordering periods. With a a guaranteed minimum of $500.00 and a maximum threshold of or ceiling $1,250,000.00.

1. Ordering Period One (1): 01/01/2026 - 12/31/2026

2. Ordering Period Two (2): 01/01/2027 - 12/31/2027

3. Ordering Period Three (3): 01/01/2028 - 12/31/2028

4. Ordering Period Four (4): 01/01/2029 - 12/31/2029

5. Ordering Period Five (5): 01/01/2030 - 12/31/2030

d. Please see the Continuation Pages below for details regarding the submission of quotes.

e. For further information, please contact Hector Gonzalez at hector.gonzalez1@va.gov.

See CONTINUATION Page

One

Five Year IDIQ with Ordering Periods Pricing Table

Ordering Period 1. January 1st, 2026 – December 31st, 2026.

This solicitation is for reagents and/or consumables as part of a cost per test (CPT) agreement with equipment(analyzer/instrument) owned by vendor with any and/or all services to be included but not limited to performance and/or function ability, if acquired during the contract cycle.

Please fill in Attachment A Price Item List as OP prices will be based from the item list.

1 YR

Ordering Period 2. January 1st, 2027 – December 31st, 2027.

This solicitation is for reagents and/or consumables as part of a cost per test (CPT) agreement with equipment(analyzer/instrument) owned by vendor with any and/or all services to be included but not limited to performance and/or function ability, if acquired during the contract cycle.

1 YR

Ordering Period 3. January 1st, 2028 – December 31st, 2028.

This solicitation is for reagents and/or consumables as part of a cost per test (CPT) agreement with equipment(analyzer/instrument) owned by vendor with any and/or all services to be included but not limited to performance and/or function ability, if acquired during the contract cycle.

1 YR

Ordering Period 4. January 1st, 2029 – December 31st, 2029.

This solicitation is for reagents and/or consumables as part of a cost per test (CPT) agreement with equipment(analyzer/instrument) owned by vendor with any and/or all services to be included but not limited to performance and/or function ability, if acquired during the contract cycle.

1 YR

Ordering Period 5. January 1st, 2030 – December 31st, 2030.

This solicitation is for reagents and/or consumables as part of a cost per test (CPT) agreement with equipment(analyzer/instrument) owned by vendor with any and/or all services to be included but not limited to performance and/or function ability, if acquired during the contract cycle.

1 YR

TOTAL

STATEMENT OF WORK (SOW)

1. Contract Title.

Antimicrobial microtiter broth MIC (Minimum Inhibitory Concentration) assays purchase order for Microbiology susceptibility testing.

2. Background.

Purchase order is requested to order specific products throughout the year necessary to perform microbiology antimicrobial susceptibility testing.

3. Scope.

This platform, and associated reagents, is used for bacterial antimicrobial susceptibility testing at PSHCS on veteran’s isolated pathogens. This contract is for reagents and/or consumables as part of a cost per test (CPT) agreement with equipment(analyzer/instrument) owned by vendor with any and/or all services to be included but not limited to performance and/or function ability, if acquired during the contract cycle. If at any time an FDA approved newer equipment is available, vendor shall provide with all cost of validation by the request of PSHCS. Furthermore, vendor reagents and/or consumables are delivered upon request through the PSHCS Seattle Warehouse. Antimicrobial panels with true MIC values obtained by broth microdilution, must provide antibiotic susceptibility and resistance patterns through standard and/or custom panels to ensure our patient population obtains appropriate testing and treatment. These products are mandatory for determining what antibiotics the veteran’s provider can use to treat pathogenic organisms.

4. Specific Tasks.

This test platform capable of automatic and manual reading of MICs, and accompanying reagents, is used for bacterial antimicrobial susceptibility testing at PSHCS on veteran’s isolated pathogens. The company also provides reagent kits and yearly preventative maintenance. The vendor will deliver the kits and reagents associated with this contract within a reasonable window of time after ordering has ensued. The vendor will adhere to the priced schedule submitted with the quote of these materials, of which price of shipping is included in the cost of material. The vendor will provide SDS sheets for all media upon request. Times and dates of delivery to be determined by the PSHCS Microbiology Department. Specific products ordered:

Dry Panel, 10/Box, RUO, ANA

MUELLER HINTON BROTH W/LHB

MUELLER HINTON W/2X LHB, 10 X 11

AUTOREAD MHB W/LHB, 10/BX

MHB W/LHB & 0.001% PYRIDOXAL HCL

PIPETTE TIPS, 200 UL, 960/BX

PIPETTE TIPS, 200 UL, 96/PK

RESERVOIRS STERILE (200)

PIPETTE TROUGHS, 2x5/pk

PIPET TIP,TALLTIP FILTERED,1250UL 960/PK

SENSI-CAL MCFARLAND STD, 0.5 POLYM.

DOSING HEADS PK/100

PIPETTE TIP REFILL, 1.25ML, 960/BX

OVATION PIPETTE TIPS

PIPETTE TIP, FILTERED STRL,1250UL,960/BX

COMBINATION LOOP, 1UL/10UL, 500/BX

Dry Panel, 10/Box, IVD, GN

Dry Panel, 10/Box, IVD, GP

Dry Panel, 10/Box, IVD, STR

ADHESIVE SEAL 10/PK

ANAEROBE 96 HOLE SEALS

Clear Cling Seals for Sensititre

Dry Panel, 10/Box, IVD, GN

Dry ID Panel, 10/Box, IVD, GN

Dry Panel, 10/Box, RUO, GN

Dry Panel, 10/Box, RUO, GN

Dry Panel, 10/Box, IVD, GP

Dry ID Panel, 10/Box, IVD, GP

Dry Panel, 10/Box, IVD, GP

Dry Panel, 10/Box, IVD, FAST

Dry Panel, 10/Box, RUO, GN

Dry Panel, 10/Box, RUO, MTB

Dry Panel, 10/Box, RUO, NTM

Dry Panel, 10/Box, RUO, NTM

Dry Panel, 10/Box, RUO, NTM

DEMINERALIZED WATER, 29ml, 20/BX

DEMINERALIZED WATER (5ML) 100/pk

DEMINERALIZED WATER (5 mL) 10/PK

MIDDLEBROOK 7H9 BROTH W/OADC, RUO, 10/BX

MIDDLEBROOK 7H9 WITH OADC CE

SUPPLEMENTED BRUCELLA BROTH

MUELLER-HINTON BROTH W/TES 100/BOX

MUELLER-HINTON BROTH W/TES 5ml 100/BOX

CAMHB 11ML 10/BOX

HTM BROTH

HTM BROTH, 2X, 10 X 11ML/BX

Mueller-Hinton Fastidious Broth

SALINE-TWEEN W/GLASS BEADS,RUO,10X5ML/BX

SALINE WITH TWEEN AND GLASS BEADS, CE (1

DEMIN WATER W/GLASS BEADS, RUO 10x5mL/BX

MUELLER-HINTON W/TES/OADC,RUO, 10X11ML/

MHB W/OADC CE

Dry Panel, 10/Box, IVD, YO

Dry Panel, 10/Box, IVD, GP

Dry Panel, 10/Box, IVD, STR

PIPET TIPS, Elongated; 200ul

MUELLER-HINTON W/TES/OADC,RUO, 10X11ML/

MHB W/OADC CE

YEASTONE BROTH

YEASTONE BROTH 100/BOX

Dry Panel, 10/Box, RUO, YO

5.1 Task 1 - Enterprise Management Controls.

Subtask 1 - Integration Management Control Planning.

a. Microbiology employee or supervisor enters request for product from vendor.

b. Purchasing agent places the request with vendor.

c. Vendor ships out product, referencing PO# for payment.

d. Microbiology employee receives product, inspects for discrepancies.

e. Vendor bills for product, Purchasing Agent checks for delivery completeness from end-user.

f. Purchasing agent completes receiving protocol in computer.

g. Microbiology Department uses product to perform antimicrobial susceptibility testing for veteran patients.

5.2 Task 2.

Subtask 2 - Contract Management.

Products are ordered at Seattle by the Microbiology Department in coordination with Administrative Specialist. The order is sent to the vendor via email, referencing the correct purchase order given from Fiscal and Contracting. Any delivery delays are sent via email to the purchaser in the Microbiology Department, who coordinates with vendor. Vendor sends invoices for payment to the VA Accounting Department in Austin, TX. Austin Automated Payment System posts the invoices for the laboratory to review, and then the invoices will be certified after confirmation of received items.

6. Performance Monitoring The Microbiology Department must adhere to specific standards for all laboratory consumables. These standards are applied to the products ordered from this vendor. COTR and/or any Microbiology employee are responsible to monitor all products for quality. The microbiology laboratory QA Technologist and Supervisor will monitor the system for minimum performance. In the event performance is compromised by either reagent or instrument failures, the company will be contacted for remediation.

7. Security Requirements There are no security related components to this contract request. The vendor will not have access to protected patient information. Protected patient information will not be input into the vendor computer and the vendor computer associated with the testing instrumentation will not be interfaced with any VA networks.

8. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI).

There is no government furnished equipment associated with this contract.

9. Other Pertinent Information or Special Considerations.

a. Identification of Possible Follow-on Work. None

b. Identification of Potential Conflicts of Interest (COI). None

c. Identification of Non-Disclosure Requirements.

Contractor will not have access to any veteran names or diagnosis.

d. Packaging, Packing and Shipping Instructions.

All reagents shall be shipped according to IATA shipping regulations and in accordance with instruction provided by the Microbiology Laboratory at PSHCS.

e. Inspection and Acceptance Criteria.

Microbiology POC, Supervisor and any other Microbiology employees have specific lab standards to maintain for all products under their care. Upon inspection all reagents shall be shipped according to IATA shipping regulations and in accordance with instruction provided by the Microbiology Laboratory at PSHCS. All shipments will be received at the appropriate temperature (storage conditions) commensurate with instrument and reagent standards.

10. Risk Control Microbiology is responsible and will accept any risks associated with product, notified by vendor. Only quality controlled and verified results will be released to the medical record.

11. Place of Performance.

Specific area to receive and work with product from vendor is the Microbiology Lab at the Seattle Division of VA Puget Sound Medical Center.

12. Delivery Schedule.

Items are to be delivered as requested by the PSHCS Microbiology Laboratory

SECTION A – REQUIRED FAR PROVISIONS, AS APPLICABLE

A.1 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

INFORMATION SECURITY LANGUAGE

The C&A requirements do not apply, and a Security Accreditation Package is not required.

The following solicitation provisions apply to this acquisition:

FAR 52.212-1, “Instructions to Offerors–Commercial Products” ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL “System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.”

SUBMISSION INSTRUCTIONS

1. Contract Type: FAR 12 Indefinite Delivery Indefinite Quantity Contract.

2. Evaluation: The ordering activity shall evaluate all responses received using the evaluation criteria provided to the scheduled contractors. The ordering activity is responsible for considering the level of effort and the mix of labor proposed to perform a specific task being ordered, and for determining that the total price is reasonable. Place the order with the schedule contractor that represents the best value. After award, ordering activities should provide timely notification to unsuccessful offerors. If an unsuccessful offeror requests information on an award that was based on factors other than price alone, a brief explanation of the basis for the award decision shall be provided.

3. Responsive and Responsible: A Quoter will be selected that is deemed responsive and responsible in accordance with the Federal Acquisition Regulation (FAR) 9.104-1 and whose quote conforms to the RFQ’s requirements.

4. SAM Registration: Quoter must be registered in the System for Award Management (SAM). No contract will be entered into with an unregistered Contractor. Internet access allows registration by completing an electronic on-line registration application at https://www.sam.gov/. Ensure that your registration is current and ensure that the applicable NAICS code (325413 In-Vitro Diagnostics Substance Manufacturing) is included in the SAM profile prior to submission of quote.

5. Questions: Submit solicitation questions via email to hector.gonzalez1@va.gov with Subject Line: 36C26026Q0215 Questions. Questions are due by December 15th, 17:00 Hours Pacific Time. Telephonic questions will not be accepted.

6. Quotation Submission Checklist:

6.1 Specific Instructions: Submit quotations via email to hector.gonzalez1@va.gov with Subject: 36C26026Q0215. All quotes shall be legible and prepared in the format referenced below in Parts I thru V below.

______Part I EXECUTED REQUEST FOR QUOTATIONS: Quoter shall complete blocks 17a (in block 17a include company name, address, phone number, corresponding Dun and Bradstreet number, and Tax ID Number), 30a, 30b, and 30c, on SF 1449, which is Page 3 of this Document. Quoter must acknowledge any Amendments that may be issued.

_______Part II TECHNICAL: Quoter must meet or exceed the standards listed in the Statement of Work (SOW) _______Part III PRICE: Quoter must submit their price quote. All prices shall be represented in two decimal positions only. Example: $0.27, not $0.27458.

Note: Quantities listed are estimated and does not commit the Government to that quantity. The Contractor shall invoice only for services/products requested by the Government and provided by the Contractor.

(End of Addendum to 52.212-1)

A.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html http://www.va.gov/oal/library/vaar/index.asp

“System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.”

A.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government may award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. In accordance with FAR 9.104-2, the special standards of responsibility described below apply to this procurement. Offerors who fail to meet any special standards of responsibility will not be eligible to receive contract award. The following factors shall be used to evaluate offers:

Special Standards of Responsibility: (Per FAR 9.104-2) The following special standards of responsibility apply to this procurement:

1. The candidates must comply with the technical requirements established in the Statement of Work in this document pages 6 through 10.

2. Price – The price will be evaluated based on the total of all contract line items, including option years. A price will be determined reasonable if, in its nature or amount, it does not exceed what would be incurred by a reasonably prudent person. Adherence to the technical requirements in compliance with the Statement of Work and meeting the special standards is more important than price. Any offer not meeting these standards will not be evaluated for price.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offeror's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its’ receipt, unless a written notice of withdrawal is received before award.

All Service-Disabled Veteran Owned Businesses or Veteran Owned Businesses must be registered/certified with the U.S Small Business Administration at Veteran Small Business Certification Veteran Small Business Certification (sba.gov).

SECTION B

The following contract clauses apply to this acquisition:

FAR 52.212-4, “Contract Terms and Conditions–Commercial Products” (OCT 2018) ADDENDUM to FAR 52.212-4 – The following clauses are included as a part of the addendum:

http://www.acquisition.gov/far/index.html (FAR) http://www.va.gov/oal/library/vaar/index.asp (VAAR)

B.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

B.2 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this clause— American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Covered article, as defined in 41 U.S.C. 4713(k), means:

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

Interconnection arrangement means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Kaspersky Lab-covered article means any hardware, software, or service that—

(1) Is developed or provided by a Kaspersky Lab-covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab-covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab-covered entity.

Kaspersky Lab-covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

Subsidiary means an entity in which more than 50 percent of the entity is owned directly by a parent corporation or through another subsidiary of a parent corporation.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (49 U.S.C. 44801(11)).

Unmanned aircraft system means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system (49 U.S.C. 44801(12)).

(b) Prohibitions on providing or using specific products or services in performance of contract. Unless a waiver or exception applies, the Contractor is prohibited from providing any products or services to the Government or using in the performance of the contract any of the following:

(1) A covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees (section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328));

(2) A Kaspersky Lab-covered article (Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91));

(3) Covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system (paragraphs (a)(1)(A) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)). This does not prohibit contractors from providing—

(i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Prohibition on unmanned aircraft systems manufactured or assembled by American Security Drone Act—covered foreign entities.

(1) Prohibition. The Contractor is prohibited from—

(i) Delivering any FASC-prohibited unmanned aircraft system, which includes unmanned aircraft (i.e., drones) and associated elements (sections 1823 and 1826 of American Security Drone Act of 2023, within the National Defense Authorization Act for Fiscal Year 2024, Pub. L. 118-31, Div. A, Title XVIII, Subtitle B, 41 U.S.C. 3901 note prec.);

(ii) On or after December 22, 2025, operating a FASC-prohibited unmanned aircraft system in the performance of the contract (section 1824 of Pub. L. 118-31); and

(iii) On or after December 22, 2025, using Federal funds to procure or operate a FASC-prohibited unmanned aircraft system (section 1825 of Pub. L. 118-31).

(2) Procedures. The Contractor shall search SAM for the FASC-maintained list of American Security Drone Act—covered foreign entities before proposing, or using in performance of the contract, any unmanned aircraft system. Also, the Contractor shall ensure any effort or expenditure associated with a FASC-prohibited unmanned aircraft system is consistent with a corresponding exemption, exception, or waiver determination expressly stated in the contract.

(3) Exemptions, exceptions, and waivers. The prohibitions in paragraph (c) of this clause do not apply where the agency has determined an exemption, exception, or waiver applies, and the contract indicates that such a determination has been made. See sections 1823 through 1825 and 1832 of Public Law 118-31 for statutory requirements pertaining to exemptions, exceptions, and waivers.

(d) Prohibition on using or providing specific products or services or conducting certain transactions regardless of connection to contract.

(1) Certain telecommunications and video surveillance equipment, systems, or services.

(i) Unless an applicable waiver has been issued by the Government, the Contractor cannot use any equipment, systems, or services that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system (paragraph (a)(1)(B) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)).

(ii) This prohibition applies to using covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. This does not prohibit the contractor from using—

(A) A service that connects to the facilities of a third party, such as backhaul, roaming, or interconnection arrangements; or

(B) Telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Office of Foreign Assets Control Restrictions.

(i) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC’s implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.

(ii) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas.

(A) For lists of entities and individuals subject to economic sanctions, see OFAC’s List of Specially Designated Nationals and Blocked Persons at https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists.

(B) For more information about these restrictions, as well as updates, see OFAC’s regulations at 31 CFR chapter V and at https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information.

(C) To conduct electronic screens of potential parties to regulated transactions, see the consolidated screening list at https://www.trade.gov/consolidated-screening-list, which consolidates multiple export screening lists of the Departments of Commerce, State, and the Treasury.

(3) Sudan prohibition. The Contractor is prohibited from conducting any restricted business operations in Sudan in accordance with Accountability and Divestment Act of 2007 (Pub. L. 110-174).

(4) Iran prohibitions.

(i) Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a waiver, the contractor shall not engage in certain activities or transactions relating to Iran (section 6(b)(1)(A) of Iran Sanctions Act (50 U.S.C. 1701 note).

(ii) Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a waiver, contractor shall not export certain sensitive technology to Iran, as determined by the President, and has an active exclusion in SAM (22 U.S.C. 8515).

(iii) The prohibition in paragraphs (d)(4)(i) and (d)(4)(ii) do not apply if the acquisition is subject to trade agreements and the offeror certifies that all the offered products are designated country end products or designated country construction material (see part 25).

(iv) Unless an exception applies or the Government grants a waiver, contractors are prohibited from knowingly engaging in any significant transaction (i.e., over $15,000) with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked according to the International Emergency Economic Powers Act (section 6(b)(1)(B) of Iran Sanctions Act (50 U.S.C. 1701 note)).

(e) Governmentwide exclusion and removal orders.

(1) Unless the Government has issued an applicable waiver, contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts, DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders.

(3) The Government may identify in the solicitation other FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resulting contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 40.204-1(c)).

(f)Reasonable inquiry. The contractor shall conduct a reasonable inquiry to determine if there are any prohibited products or services. The inquiry will look at any information in the entity’s possession but does not need to include an internal or third-party audit.

(g) Removal of prohibited products and services. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that this clause prohibits.

(h) General report.

(1) If the Contractor identifies or is notified by any source, (including a subcontractor at any tier), that any product or service provided or used (or to be provided or used) during contract performance does not comply with any prohibition in this clause, then the Contractor shall report the following information, or as much information is known, in writing to the contracting office as identified in paragraph (h)(2) within 72 hours:

(i) Contract number and order number, if applicable;

(ii) The specific prohibition the product or service is not complying with;

(iii) A description of the products or services that the Contractor identifies or has reason to suspect is prohibited (include brand; model number, such as the original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(iv) The entity that produced the product or service (include entity name, unique entity identifier, Contractor and Government Entity (CAGE) code, facilities responsible for design, fabrication, assembly, packaging, and test of the product, and whether the entity was the OEM or a distributor (provide manufacturer codes and distributor codes used for the product));

(v) Description of the functionality of the product or service and how that functionality impacts the risk to the product or service;

(vi) An explanation of any factors relevant to determining if the product or service should be permitted by an applicable exception, exemption, or waiver (if the contractor would like the Government to consider a waiver, and asks for such a waiver);

(vii) Whether alternative products or services are available that would comply with the prohibition;

(viii) If the product or service is related to item maintenance, include the following information on the item being maintained:

(A) Brand;

(B) Model number, OEM number, manufacturer part number, or wholesaler number; and

(C) Item description, as applicable.

(ix) Any readily available information about mitigation actions implemented or recommended.

(2) If a report must be submitted to a contracting office, the Contractor shall submit the report as follows:

(i) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(ii) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(iii) For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(3) If the report provided does not contain any of the information required by paragraph (h)(1) of this clause, and the contractor later discovers new information that is required by paragraph (h)(1) of this clause, then the contractor shall submit a subsequent report within 72 hours of discovering the new information.

(4) The contractor shall also report the information in paragraph (h)(1) if the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification.

(i) New FASCSA orders report.

(1) During contract performance, the Contractor shall review SAM at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (e) of this clause.

(2) If the Contractor…